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Home My Public Portal About20050705REGULAR COUNCIL MEETING JULY 5, 2005 CALL TO ORDER 1 The Regular Council Meeting of July 5, 2005, was convened at 6:07 P.M. by Mayor John Landwehr. Prayer was offered by Councilman Michael Berry, followed by the Pledge of Allegiance. ROLL CAL The following Council Members were present for the roll call: Present: Berry, Brown, Crane, Harvey, Martin Pope, Schnitzler, and Vogel Absent: Ferguson and Layton A quorum was declared present. MINUTES AND REPORTS RECEIVED AND FILED Mayor John Landwehr announced that the following minutes and reports have been received and are on file and may be reviewed in the City Clerk's office: a. Housing Authority Board of Commissioners, May 10, 2005 b. Economic Development Advisory Board, April 20, 2005 c. Plumbing Board of Review & Examiners, March 15, 2005 COUNCIL LIAISON REPORTS There were no liaison reports made at this time. ANNOUNCEMENTS OF OTHER UPCOMING MEETING AND EVENTS Mayor John Landwehr announced a work session will be held at 5:30 PM on Thursday night, July 7, at City hall to discuss liquor ordinances currently being considered by the Council. There will be a time for public input at that meeting. Councilman Dean Martin announced there will be a meeting held on July 21 to discuss the issue of open burning of trash, and there will be a time for public input at that meeting. REGULAR COUNCIL MEETING JULY 5, 2005 APPOINTMENTS BY THE MAYOR 2 Mayor John Landwehr recommended the following appointments for Council approval: a. Police Appointments Ronald Rackers - Communications Operator Captain Mike Smith introduced Mr. Rackers who was present at the meeting. Following his introduction, a motion was made by Councilman Mike Harvey for approval of the appointment as recommended, seconded by Councilman Brian Crane, and approved unanimously. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Finance Director Steve Schlueter made a brief presentation explaining the parking system revenue bond issue which will be voted on tonight (Bill 2005 -29). He stated that $274,000 in future interest will be saved as a result of paying off the bonds early. PRESENTATIONS FROM THE GALLERY There were no presentations made at this time. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS FROM THE GALLERY No comments were made at this time. CONSENT AGENDA The following items were on the agenda for Council approval by Consent: a. Minutes of Council Meetings: June 17 Brown Bag, June 20 Pre - Meeting and Regular Meeting, Authorizing Quantity Adjustment Change Order to 2004 Stormwater Inlet Replacement Project c. Authorizing Quantity Adjustment Change Order to South Country Club Drive Project Bid 2121 (RENEWAL - Year 2), Uniform Rental, All City e. Proposal 2072 (RENEWAL, Year2), Wellness & Fitness Program, Fire Dept. REGULAR COUNCIL MEETING JULY 5, 2005 3 Item (d): A motion was made by Councilman Kevin Brown that this item be held over until the July 18 Council Meeting, seconded by Councilman Michael Berry, and approved unanimously. Items (a), (b), (c), and (e): A motion was made by Councilman Edith Vogel to approve these items as presented, seconded by Councilman Michael Berry, and approved unanimously BILLS INTRODUCED Bill 2005 -32, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A PORTION OF A CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES ON LOT 4, GRAYS CREEK VALLEY ACRES SUBDIVISION, SECTION 2. Bill 2005 -33, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CONSOLIDATED SERVICES, INC. FOR SANITARY SEWER UNDERGROUND UTILITY LOCATION SERVICES. Bill 2005 -34, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING FROM RS -2 SINGLE FAMILY RESIDENTIAL TO RD MEDIUM DENSITY RESIDENTIAL, FOR PROPERTY LOCATED IN THE 1800 BLOCK OF CEDAR HILL ROAD, AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. Bill 2005 -35, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR A 3.1 ACRE TRACT ADDRESSED AS 1850 ROUTE C HIGHWAY, LOCATED IN PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -36, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FORA 2.39 ACRE TRACT ADDRESSED AS 1745 REGULAR COUNCIL MEETING JULY 5, 2005 4 EAST ELM STREET, LOCATED IN PART OF OUTLOT NO. 75, IN TOWNSHIP 44 NORTH, RANGE 11 WEST, AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2005 -37, sponsored by Councilman Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A SPECIAL EXCEPTION USE PERMIT FOR OPEN LAND, INCLUDING PRIVATELY HELD OPEN SPACE AND NATURAL OR CONSERVATION AREAS FOR 88.4 ACRES OF LAND LOCATED AT 2301 GREEN MEADOW DRIVE, DESCRIBED AS RESERVE TRACT A, RIVERS EDGE ESTATES, JEFFERSON CITY, COLE COUNTY, MISSOURI. Councilman Kevin Brown asked if it would be possible to receive a copy of the zoning ordinance which deals with the special exemption which would allow this type of operation to occur. Staff indicated they will send a copy of that to the Mayor and Council in this Friday's packet. Bill 2005 -38, sponsored by Councilman Layton and Brown, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19- 315 OF THE CITY CODE PERTAINING TO VEHICLE LOADS Councilman Kevin Brown moved to accept the substitute which was distributed at the pre - meeting, seconded by Councilman Dean Martin and approved unanimously. Mayor John Landwehr asked the Council to consider an effective date which will allow those affected ample time to comply with the ordinance. A lengthy discussion was held on this issue. BILLS PENDING Bill 2005 -22, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, BY AMENDING ONE SECTION AND ADDING TWO NEW SECTIONS, ALL PERTAINING TO PREVENTING UNDESIRABLE PATTERNS OF CONDUCT WITHIN THE PREMISES SURROUNDING LIQUOR ESTABLISHMENTS. Councilman Jonathon Schnitzler requested that Bill 2005 -22 be placed on the Informal Calendar at this time. Bill 2005 -23, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE REGULAR COUNCIL MEETING JULY 5, 2005 5 MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CONCRETE ENGINEERING, INC. FOR THE TWIN HILLS CULVERT REPLACEMENT PROJECT. Bill 2005 -23 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13891: Aye: Berry, Brown, Crane, Harvey, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -24, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SAM GAINES CONSTRUCTION FOR THE WEHMEYER DRIVE RELOCATION PROJECT. Bill 2005 -24 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13892: Aye: Berry, Brown, Crane, Harvey, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -25, sponsored by Councilman Martin, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SAM GAINES CONSTRUCTION FOR STORMWATER IMPROVEMENTS ON HAVANA, HART, HAMLIN, BERRY, WEST MAIN, WEST HIGH, WEST MCCARTY, FRANKLIN, LAFAYETTE STREETS, AND THE JEFFERSON CITY MEMORIAL AIRPORT. Bill 2005 -25 was read third time by title and placed on final passage. Councilman Kevin Brown asked if the third party agreement was finalized yet which he had brought up at the last Council meeting. City Counselor Nathan Nickolaus stated it is not completely finalized yet. Councilman Kevin Brown stated in that case, he wished to make a motion to amend the contract associated with this bill to approve everything except Alternate (A), which would delete the$25,130 for the part of the project which is supposed to be paid for by a third party. The motion was seconded by Councilman Michael Berry. Following a lengthy discussion, the motion was defeated by the following roll -call vote: Aye: Brown and Pope Nay: Berry, Crane, Harvey, Martin, Schnitzler, and Vogel Bill 2005 -25 was then passed by the following roll -call vote as Ordinance 13893: Aye: Berry, Crane, Harvey, Martin, Pope, Schnitzler, and Vogel Nay: Brown REGULAR COUNCIL MEETING JULY 5, 2005 6 Bill 2005 -26, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING SOUTH OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTION 25, IN TOWNSHIP 44, RANGE 12 WEST IN THE COUNTY OF COLE, STATE OF MISSOURI, AND AMENDING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB - SECTION PERTAINING TO THE SAME SUBJECT. Bill 2005 -26 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13894: Aye: Berry, Brown, Crane, Harvey, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -27, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 3 -5 OF THE CODE, "CERTAIN SIGNS PROHIBITED ", BY ADDING TWO ADDITIONAL SECTIONS PERTAINING TO TEMPORARY EVENT SIGNS AND TEMPORARY EVENT BANNERS. Bill 2005 -27 was read third time by title and placed on final passage. A motion was made by Councilman Jonathon Schnitzler to amend Section 3 -6(D)7 by deleting "Assistant Director of Community Development" and replacing it with "Director of Community Development or his designee." The motion was seconded by Councilman Mike Harvey. Councilman Kevin Brown stated that there were two other places in the ordinance which may also need similarly amended. Councilman Schnitzlerwithdrew his motion to amended, and Councilman Mike Harvey withdrew his second. Councilman Jonathon Schnitz ler then made a motion to amended Sections 3 -6 (D)7, (E)3, and (E)8 by deleting "Assistant Director of Community Development" and replacing it with "Director of Community Development or his designee." The motion was seconded by Councilman Michael Berry and approved unanimously Bill 2005 -27 was then approved, as amended, by the following roll -call vote as Ordinance 138895: Aye: Berry, Brown, Crane, Harvey, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -28, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION REGULAR COUNCIL MEETING JULY 5, 2005 7 19 -401, (STREETS AND HIGHWAYS), SCHEDULEA(SPEED LIMITS), SUBPARAGRAPH (D), (FORTY MILES PER HOUR) OF THE CODE OF THE CITY OF JEFFERSON, PERTAINING TO SPEED LIMITS ON PORTIONS OF ALGOA ROAD. Bill 2005 -28 was read third time by title, placed on final passage and passed, as substituted at the June 20 Council meeting, by the following roll -call vote as Ordinance 13896: Aye: Berry, Brown, Crane, Harvey, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -29, sponsored by Councilman Brown & Pope, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE REDEMPTION OF THE SERIES 1996 PARKING SYSTEM REFUNDING REVENUE BONDS; AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION TO THE PARKING FUND FY 2004 -2005 BUDGET OF $1,605,000 FOR THE REDEMPTION OF THE PRINCIPAL BONDS PLUS FEES OF $250 AND INTEREST FOR THE PERIOD OF AUGUST 1, 2005 TO AUGUST 8, 2005. Bill 2005 -29 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13897: Aye: Berry, Brown, Crane, Harvey, Martin, Pope, Schnitzler, and Vogel Nay: None Bill 2005 -30, sponsored by Councilman Schnitzler, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE BY ADDING ONE SECTION TO CHAPTER 4 PERTAINING TO POSSESSION OF OPEN CONTAINERS OF ALCOHOL. Councilman Jonathon Schnitzler requested that Bill 2005 -30 be placed on the Informal Calendar at this time. Bill 2005 -31, sponsored by Councilman Vogel, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN REAL ESTATE SURPLUS AND AUTHORIZING SALE OF THE PROPERTY. Bill 2005 -31 was read third time by title, placed on final passage and passed by the following roll -call vote as Ordinance 13898: Aye: Berry, Brown, Crane, Harvey, Martin, Pope, Schnitzler, and Vogel Nay: None REGULAR COUNCIL MEETING JULY 5, 2005 INFORMAL CALENDAR Bill 2005 -21, sponsored by Councilman Ferguson, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTION 11 IN TOWNSHIP 44 NORTH, RANGE 12 WEST IN THE COUNTY OF COLE, STATE OF MISSOURI, AND AMENDING SECTION 1 -17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB - SECTION PERTAINING TO THE SAME SUBJECT. 8 Mayor John Landwehr stated that in the absence of the bill's sponsor, Councilman Kenneth Ferguson, Bill 2005 -21 will remain on the Informal Calendar at this time. SCHEDULED REPORTS There were no reports scheduled to be given at this time. APPROVAL OF CLOSED SESSION MINUTES Minutes of the June 20, 2005, Closed Session: A motion was made by Councilman Jonathon Schnitzler to approve the minutes as presented, seconded by Councilman Michael Berry and approved unanimously NEW BUSINESS There was no New Business brought before the Council at this time. UNFINISHED BUSINESS There was no unfinished business brought before the Council at this time. GO INTO CLOSED SESSION Mayor John Landwehr stated that, pursuant to Sec. 610.021 of the Revised Statutes of REGULAR COUNCIL MEETING JULY 5, 2005 9 Missouri, the Council will go into Closed Session to discuss the following: Real Estate [Sec. 610.021(2)] A motion was made by Councilman Edith Vogel to go into Closed Session, seconded by Councilman Mike Harvey, and approved unanimously by the following roll -call vote at 7:15 P.M.: Aye: Berry, Brown, Crane, Harvey, Martin, Pope, Schnitzler, and Vogel Nay: None